Consumer Protection Act Flashcards
What is the implementing agency with respect to food, drugs, cosmetics, devices and substances
department of health
What is the implementing agency with respect to products related to agriculture
department of agriculture
What is the implementing agency with respect to other consumer products
department of trade and industry
Which consumer product standard or safety rule shall specify the date such rule is to take effect, which shall not exceed ___________ from the date promulgated unless to concern department funds, for good cause shown, that a later effective date is in the public interest and publishes its reason for such finding
90 days
It means manufacturing or importing a product between the date of promulgation of its consumer product safety rule and its effective date, at a rate which is significantly greater than the rate at which such product was produced or imported during a base period as prescribed in the regulation under this paragraph, ending before the date of the publication of consumer product safety rule
stockpiling
Any amendment or revocation of a consumer product safety rule made by the concern department shall specify the date on which it shall take effect which shall not exceed ________ from the date of amendment or revocation is published unless the concern department finds that a later date is is in the public interest
90 days
The manufacturer shall avail of the __________________ which the department shall grant after determining the products compliance with the relevant standard in accordance with the implementing rules and regulations
philippine standard certification mark
True or false. Samples of consumer products being imported into the philippines in a quantity does a sorry for purposes of determining existence of any of the causes for refusal of admission may be obtained by the concerned department or agency without charge from the owner or the consignee thereof
true
The state shall promote and encourage fair, honest and equitable relations among parties in consumer transactions and protect the consumer against deceptive, unfair and unconscionable sales acts or practices
policy of state
What department and forces the provisions of protection against deceptive unfair and uncontrollable sales acts or practices
department of trade and industry
An act or practice committed by a producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any product or service
deceptive act or practice
An act or practice by a producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumers physical or mental infirmity, ignorance, illiteracy, lack of time or general conditions of the environment or surroundings, induces to consumer to enter into a sales or lease transaction grossly inimical to the interest of the consumer or grossly one-sided in favor of the producer
unfair or unconscionable sales act or practices
means sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer or his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments: Provided, That, the profits of the person employing such a plan are derived primarily from the recruitment of other persons into the plan rather than from the sales of consumer products, services and credit: Provided, further, That the limitation on the number of participants does not change the nature of the plan.
chain distribution plans or pyramid sales scheme
Home solicitation sales may be conducted only between the hours of __________________ of each working day provided that solicitation sales may be made at a time other than to prescribed hours where the person solicited has previously admitted the same
9:00 a.m. To 7:00 p.m.
True or false. Anyone can conduct home solicitation since
false; it shall only be conducted by a person who has the proper identification and authority from his principle to make such solicitations
This shall not be used in the sale of consumer products unless the seller execute in favor of the power of it an undertaking that will grant a specified compensation or other benefit to send file in return for each and every transaction consummated by seller which the persons referred by said buyer or for subsequent sales that centers has helped the seller enter into
referral sales; referral selling plans
True or false. The provisions of the civil code on conditions and warranties shall govern all the contracts of sale with conditions and warranties
true
All sales made by distributors of products covered by the consumer product and service warranties article shall be reported to the manufacturer, producer or importer of the products sold within ______________ from the date of purchase, on this otherwise agreed upon
30 days
True or false. Failure of the distributor to make the sales report or send them the form required by the manufacturer, producer or importer shall relieve the latter of its liability under warranty
true
The retailer shall be _____________ liable under the warranty in case of failure of both the manufacturer and distributor to honor the warranty
subsidiarily
True or false. Stipulations contrary to the provisions of the consumer product and service warranties can be entered into
false
A warranty that meets the minimum requirements in the enforcement of warranty or guarantee
a warranty that does not meet all the minimum requirements in the enforcement of warranty or guarantee
full warranty; limited warranty
True or false. If the implied warranty on merchantability accompanies an express warranty, both will be of equal duration
true
Any other implied warranty shall endure __________________ following the sale of new consumer products
60 days to 1 year
Remedy for breach of express warranty (2)
repair or refund of purchase price
In case the repair of the product in whole or in part is elected in case of breach of express warranty, the warranty work must be made to conform to the express warranty within _________ by either the warrant or or his representative. Such period however may be extended by conditions which are beyond the control of the warrant or or his representative
30 days
True or false. In case the refund of purchase is elected, the exact purchase price shall be refunded to the consumer
false; the amount directly attributable to the use of the consumer to the discovery of the nonconformity shall be deducted
Remedies for breach of warranty in case of implied warranty (2)
retain and recover damages or
reject the goods and recover from the seller the purchase price including damages
True or false. Warranty shall not apply to professional services of cpas, architects, engineers, lawyers, veterinarians, and other professionals engaged in their respective professional endeavors
true
Service firms shall guarantee workmanship and replacement for a period not less than _______ which shall be indicated in the pertinent invoices
90 days
True or false. The prohibited acts on labeling and packaging also applies to wholesale or retail distributors of consumer products
false, except to the extent that such persons are engaged and the packaging or labeling of such products, prescribe or specified by any means the manner in which such products are packaged or labeled, having knowledge yet refused to disclose the source of the mislabeled or miss packaged products
All consumer products domestically sold whether manufactured locally or important should indicate the following in their respective labels of packaging (TnTmBnAICCP)
trade name; trademark; business name; address; ingredients; contents; country of manufacturer if imported; if a consumer product is manufactured, refilled or repacked under license from the principal
The label may contain the _____________________ if it is certified to have passed to consumer product standard prescribed by the concerned department
philippine product standard mark
Additional labeling requirements for food (EPNIO)
expiry date; semi processed, fully processed, ready to cook, ready to eat, prepared food or just plain mixture; nutritive value; whether ingredients or natural or synthetic; others
Which act or law shall apply in the labeling of drugs
generics act
Additional labeling requirements for cosmetics (EIPO)
expiry date; irritant or not; precautions or contraindications; other labeling requirements
